The defendant is charged [in count __]
with the possession or use of a machine gun. The statute defining this offense
imposes punishment on any person who possesses or uses a machine gun <insert
appropriate subsection:>

§ 53-202 (b):
in the perpetration or attempted perpetration of a crime of violence.

§ 53-202 (c):
for an offensive or aggressive purpose.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Possessed or used a
machine gunThe first element is that the
defendant possessed or used a machine gun.

"Machine gun" means a weapon of any
description, loaded or unloaded, which shoots, is designed to shoot or can be
readily restored to shoot automatically more than one projectile, without manual
reloading, by a single function of the trigger, and shall also include any part
or combination of parts designed for use in converting a weapon into a machine
gun and any combination of parts from which a machine gun can be assembled if
such parts are in the possession of or under the control of a person.
"Projectile" means any size bullet that when affixed to any cartridge case may
be propelled through the bore of a machine gun.1

“Possession"
means either actual possession or constructive possession. Actual possession
means actual physical possession, such as having the object on one's person.
Constructive possession means having the object in a place under one's dominion
and control.

Possession also requires that the
defendant knew that (he/she) was in possession of the firearm. That is, that
(he/she) was aware that (he/she) was in possession of it and was aware of its
nature. The state must prove beyond a reasonable doubt that the defendant knew
that (he/she) was in possession of the firearm. <See
Knowledge, Instruction 2.3-3.>

<If some form of constructive
possession is alleged, see
Possession, Instruction 2.11-1.>2

[<Insert if applicable:>

The statute defining this offense
provides that if you find that the machine gun was in any (room / boat /
vehicle), then you may find, but are not required to, that each person occupying
that (room / boat / vehicle) was in possession of the machine gun.This inference is not a
necessary one, but it is an inference you may draw if you find it is reasonable
and logical and in accordance with my instructions on circumstantial evidence.3]

Element 2 - Crime of violence /
offensive or aggressive purpose The second element is that the
defendant possessed or used the machine gun <insert as appropriate:>

in the perpetration
or attempted perpetration of a crime of violence. "Crime of violence" includes
(murder / manslaughter / kidnapping / sexual assault / sexual assault with a
firearm / assault in the first degree / assault in the second degree / robbery /
burglary / larceny / riot in the first degree).4

for an offensive or
aggressive purpose.

[<Insert if appropriate:>

You may find, but are not required to,5
that the machine gun was possessed or used for an offensive or aggressive
purpose if you find any of the following:

The machine gun is
on premises not owned or rented, for bona fide permanent residence or business
occupancy, by the person in whose possession the machine gun was found.

The person
possessing the machine gun was an unnaturalized foreign-born person, or a person
who has been convicted of a crime of violence in any state or federal court of
record of the United States of America, its territories or insular possessions.

The machine gun has
not been registered.

Empty or loaded
projectiles of any caliber that may be used in the machine gun are found in the
immediate vicinity of the machine gun.]

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant possessed or used a machine gun,
and 2) the possession or use of the machine gun was (in the perpetration or
attempted perpetration of a crime of violence / for an offensive or aggressive
purpose).

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
possession or use of a machine gun, then you shall find the defendant guilty.
On the other hand, if you unanimously find that the state has failed to prove
beyond a reasonable doubt any of the elements, you shall then find the defendant
not guilty.
_______________________________________________________

1
Definitions of "machine gun" and "projectile" are found in General Statutes §
53-202 (a) and (c). See also glossary entry for
machine gun.

2
Ascertain from counsel what form of possession is alleged. The definition
should be narrowly tailored to the allegations.